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tv   [untitled]    October 2, 2012 7:00pm-7:30pm PDT

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>> can i just make one point? one of the stipulation is that you trade cell phone numbers and make your number available to him so if the noise is a nuisance, you could try to negotiate that. >> i would be happy to do that. shang hai food is one of the best. any more public comment? seeing none, the matter is with the commission. >> i move to approve. >> any further discussion? >> have i a question. >> you know obviously the neighbor -- >> i'm going to second that motion, because you have to second the motion before you can discuss. >> okay. >> he did? >> i'm sorry, i didn't hear you. >> you have got to listen to each other. [ laughter ] >> obviously the people upstairs have been impacted
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from mecca and the other people that have been there and i know, because i know some of the djs that played there and they were having a hard time trying to keep it down. it's just that the building is bad. it seems like mr. tsai is doing more a cabaret, more live music and is there a way for the inspect why or when they do the sound check,? >> staff, this goes to staff. we grant a place of entertainment permit. it's not our job to tell people how to run their business. its our job to determine and grant the permit. does the permit limit what kind of music that they play? >> not the music, but the sound system. >> does the permit limit the sound system? it limits the db level?
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>> it can do both. it indicates if there is a substantial change in the system, an additional sound check will be required or they will be out of compliance with their permit. >> with that enhancer and working with vaj and everything and they don't have the high-powered system that they had in the past, you probably won't hear that. mr. tsai? >> i don't want loud music, although i'm a good dancer. [ laughter ] >> do we have a motion and second? any more discussion or questions from the commission, if not call the roll, please. >> commissioner hyde? >> aye.
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commissioner joseph? >> aye. >> commissioner tan? >> aye. >> commissioner lee? >> aye. >> president newlin? >> aye. >> thank you very much and good luck and let us know if it doesn't work out. all right. item j, ewa franco dba el farolito. >> it's a mexican restaurant that has been operating since 1992. the extended hours premises performance would allow the restaurant to serve food until 4:00 a.m. on certain days, least that is what the applicant has requested and sf ingleside has recommended approval with the conditions listed in your packet. >> yes. welcome. >> so i am here on behalf of my mom.
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she had to leave the country to have surgery. so this business has been opened since even before i was born. i'm 23 right now. we have the same customers coming all the time and we received the warning letter to close at 2:00. i went to talk to the police officer mccarthy and i understand their concerns, which were the late opening. and i spoke to the officer and i told him that we have no problem hiring security. because i understand that it's
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safer for my customers and safer for the employees, too, you know? so we have no problem with that. we understand that. our only concern though is farolito on mission, there is a tacquerio across from us. and like i said, we have no problem hiring security, because it's for the safety of all of us. >> did you see the conditions
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that the police department submitted? are you okay with those? >> i haven't seen them. >> you haven't seen them. any other questions from the commission before we hear from the police department or the applicant? >> you are a restaurant and you are going to be serving food? >> we're ataquerio
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>> why do you only want them open for late food friday, saturday and sunday? >> because of concerns from the neighborhood, and we have done a crime mapping research. >> the point she brought up about the taqueria across the street is open much later. >> what is the question? >> is that legal for the taqueria to be opened?
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>> they were called on it, but there is possibly a place across the street that is operating after hours and nobody is doing anything about it? >> that is definitely something that we'll look into, but just because one is doing doesn't grant someone without a permit. >> you can see the concerns when all the customers go across the street and they lose their customer base because they are complying and the other person is possibly not complying. >> that is definitely something that we'll look into. >> tack. >> what other days of the week is the other place open? seven days a week. >> i have a question.
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sure. >> calls for service, after 2:00, you have those after-hour taqueria places, is there a lot of call for service? >> absolutely. we did the mapping research and i could provide copies of that within the last six-eight months there has been 15 calls for service that are related to that. we have seen an increase. >> i have a question about that. so if there are a bunch of places opened after hours that are operating without performs a lot of that could be controlled by getting them permits and have security? >> absolutely and that is part
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of the stipulation we're recommending. >> so the other taquerias should get security guards. we should look into that. all right. any other questions of the sergeant? okay any public comment on this application? okay. you can be seated and the matter is now with the commission. do we have a motion and second before we discuss it? >> i would like to make a motion and just so everybody knows, there has been numerous articles in magazines about the lack of late-night food in san francisco. and late-night food is always a positive thing in my view.
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it keeps things lively and having said that, i think late-night food is a good thing. i would like to move to approve this permit, striking police condition no. 1, granting it for only six months, if we grant the permit and striking police condition 2. i would like to grant them the after-hours, seven days a week. everything else can stay on the police conditions. that is my motion. >> we have a motion. do we have a second? >> second. >> any further discussion? call the roll? >> commissioner hyde? >> aye. >> commissioner joseph? >> aye. >> commissioner tan? >> aye. commissioner lee? >> aye. >> president newlin? >> aye. >> okay. good luck and we'll go from there. so shall we go to item 6a now? claude marks dba kendra
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alexander foundation, 518 valencia, limited live performance permit application. >> so mission station notified me that the applicant would like to continue this. >> okay. do we have a motion to continue this? >> is moved . >> seconds? >> second. >> i misspoke. >> can i retract my second? >> okay. so we'll call this item then without a motion for continuance. nick? >> i'm sorry, i was thinking about officer mcdonald.
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the kendra alexander foundiation at 518 very wellancia is a space for meeting and events located on valencia between 16th and 17th on occasion it's performance for events for zero or low-cost. the menu does not have a liquor license or serve any other food or beverage. i will let sfpd mission statement speak to this. >> would the applicant like to come forward? >> hi and thanks for hearing us. my name is claude marks. i am the site manager for the kendra alexander foundation. 518 valencia is a community space, largely used for meetings, trainings, small events.
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our occupancy is 135 maximum, but we only have about 80 seats. we tend to have book readings and things of that nature. on very rare occasion we have been -- people have asked to do small in live music performances or poetry readings. and this is the basis we want to be a responsible operator of the space. and that is why we're here. thank you very much. >> okay. thank you. any questions of the applicant from the commission? okay. the police department? >> good evening commissioners officer gary buckner, mission station. a couple of things, questions or concerns relative to the 518 valencia space. first, when you look at the limited live performance permit and what the definition of a
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"llp" is? >> code section? >> 1060 (r ) >> it doves "limited live performance locale," and there are five criteria. i guess first of all, when you look at history of why an llp was created, it was a permit that was designed for restaurants and cafes, so that they could easily apply for an entertainment permit that didn't require them to go through the long process of being underwritten and providing security plans and those sorts of things. so when you look at the 518 valencia space, our concern is that we really don't understand what the space is. we have had a whole litany of different requests coming out
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of the space via the different third parties that have rented the space. one was a record-release party/beer kegger. last week they had a critical mass event, but i'm not really comfortable with this venue space being issued an llp, because we're not comfortable with the lack of security plan and first and foremost, it just does not meet the definition, if you read the definition of what an "llp is," namely patrons or members are admited to a locale, which there is food or beverages for consumption on the premises, including, but are not limited
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to alcoholic beverages. again, this is a community space that was indicated by the responsible party. and it's buckso i think for those reasons it's more appropriate for a poe >> may i ask some questions of the staff? it was my understanding that art galleries and spaces like this were part of the consideration for limited live permits, am i wrong? >> that is correct. it wasn't specific to only restaurants and cafes, but part of the conversation. so it was created obviously as something in between no perimeter permit at all and a place of
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entertainment. >> it's non-amplified sound until 10:00? >> no the amplification confusion -- i don't know where that started, but the limited live performance does not include djs. >> officer buckner forgive me, but my copy of the code does not include paren r. but i believe you. because i know you read it. so again, i just want to be clear -- locale is indoors with an area for live performance and no greater than 200 square feet. live performance presented by
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the locale concludes at 10:00 p.m. and not a private residence of which patrons or members are admitted to the locale, searching food and beverage, including, but are not limited to alcoholic beverages for consumption on the premises. so it seems to indicate -- it doesn't say -- i don't know how to interpret this. let me ask you a question. is your space where you are going to have your entertainment greater than 200 square feet? >> i believe it's right around in there. >> how big is it? >> it's larger. because it does have a capacity rating by the fire department of 135 max. >> can i clarify something? >> you are not asking the
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right question. >> i'm asking the place that you are going to have the performance greater than 200 square feet? >> no. there is no stage. >> if i might just clarify when we sit with an applicant who comes to the commission and they say these are the activities that we would like to do and mr. king will explain the differences and the analysis includes the question as to the events and the provision at the time that you do events to the food and beverage. i don't believe our analysis in the office has ever been is there a standing sort of food or beverage permit? if you bring every time you do a public event a caterer because we're talking about regulating
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the activity that the public comes to and that we as a city care about regulating and being in compliance. that is our analysis of it. i understand officer buckner's concerns and it's certainly something that you should consider, but that is how we have looked that at this from the beginning. >> so that i think the concern is third parties coming in there very possibly without caterers and doing what they would want to do. >> the primary concern, it's is location is an active and challenging area on weekends. there is a lot of entertainment venues, a lot of alcohol being served in that area. so it does present a policing challenge for us, a public safety challenge. and that is really what our primary concern is with not
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understanding what this space is going to be doing week to week. >> right. >> so we really want to have a comfort level with regard to the security plan, and i'm just not sure an llp will require them to have a sufficient security plan, unless this commission sees that it's appropriate to come up with a security plan. because to be quite honest with you, when you look at the two permits available, the llp is probably a better one with the 10:00 ending time. or otherwise we're going to be talk with the 2:00 a.m. ending time. >> so you would be comfortable and we could amend this to provide for a security plan? all right. sounds reasonable. >> i just have a question (sure. >> if we're just having a meeting, if we're doing something that is a more lively event, that we're certainly interested in being responsible and we do staff all of our
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events. so that any third party like a community group doesn't just get a key to the building. so we want to be responsible and we understand the complexity of the neighborhood and we're probably one of the quietest store fronts on the block and don't want it become a primary location for food or beverages or for alcohol for that matter. we would be happy coming up with a security plan for mission station for events that fall into the category of "music or poetry." and we would be happy to work something out. >> we're well-aware of how these poetries can get out of hand. [ laughter ] >> so how about this? how about we -- if this is agreeable to everybody, i know we have done this with a lot of other applicants that you keep mission station, as well as our
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staff briefed through an email or whatever of what you are planning. and the permit officer can indicate which venues would require some type of security if their opinion. if they didn't get back, then you didn't have to have it? >> i think if we approved this limited live, we approve the limited live with security, when it is being used a limited live permit. if you are having meetings, having aa meetings, whatever you are having, you are not doing limited live. on the times and days that you do limited live, a security component would have to come into play. >> all right. >> particularly commissioners when there is a third party venue or third party entity is involved. >> so you are talking about third parties as being promoters? >> it could be a promoter. i mean it could be anyone. anyone, as i understand can
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rent the space, correct? >> do you understand that? okay, go ahead. >> if i could speak? my name is fernando and i'm parts of a volunteer collective that rents from the center. we rent the space from 518 valencia, the downstairs for our public events probably twice a month. for poetry readings and sometimes we would like to have loud music where this is come up. we're certainly not promoters. we're community organizations that might do something like what is the current situation in mexico with the student movement in mexico? >> let me ask you, do you charge admission to get in? >> our particular organization always does a sliding scale. >> you should then have to register with a promoter registry. that is right. anyone who charges admission to
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get in, even if you are a community organization, you are a promoter non-profits register with us as promoters. even if's a zero to whatever? >> it doesn't matter that. is right. you have to register. and it's free. you just go online and do it. you can find the link on the entertainment commission website. >> that is helpful to know. we're specifically not interested in music or entertainment promoters. we're trying to keep this on a community level. the only sound that is built into the space are two small speakers for the projector that we use occasionally for videos. so we're not trying to become a club. and we're not interested in commercial use and, in fact we will not rent to anybody who is a commercial promoter. but community groups are
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interested in having occasional fundraiser and that is where the issue comes up. >> i think, as club owners, we get calls and they want to use our space and we don't know who they are. they are just trying to be careful, there is a space that has a permit that somebody says they are going to have a birthday party there and you have no way of screening them, because you are nice people and want to give everybody an opportunity. i think they are just trying to hedge their bet it's ail safe. and i see where they are coming from and i know that yours is community, but i think for the future of the permit, and also coming back to us, they just want a little bit of safeguard in there. >> and i respect their concerns. so from our point of view, we want to be responsible. >> i think we have got it. so whatever the venue is under the llp, there will be security, okay? >> and can i just ask?
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>> no. >> so i'm a little concerned that we haven't put these on other llps. it feels a little subjective, because understanding the type of promotion that they are trying to do, versus the other llps we have seen. it just seems really not equitable. >> if i could respond, the legislation does stipulate to the commission, imposing conditions such as security plans on llps when they come before you and you feel it's appropriate. >> okay. >> so you should feel this is certainly in the spirit of the way the llp was created. and should be used if this commission feel there's is a need for it. >> right. i think given the neighborhood
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and the concerns about the 16th street and valencia intersection, i guess there is a need for that. so i'm not really speaking to that. i'm talking about the precedent we're setting that other venues that have applied as llps and not providing security plans. so that is really just my point. i don't want to belabor the issue. >> can i just say one last thing? just for everybody's edification, the reason the law came into existence, which is the law that set up the security plan, was because the ywca rented a place out for a birthday party, and a 15-year-old kid got shot because it wasn't a birthday party. >> thank you. and is there any public comment relating to this license application? okay. seeing none, the matter is with the commission. to


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